Gant also argues that there was no reason for the police to search Gant’s vehicle incident to arrest because such a search could not have revealed evidence pertinent to his crime of driving on a suspended license. The Court’s decision will cause the suppression of evidence gathered in many searches carried out in good-faith reliance on well-settled case law, and although the Court purports to base its analysis on the landmark decision in Chimel v. California, 395 U. S. 752 (1969), the Court’s reasoning undermines Chimel. J.A. The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Generally, police must obtain a warrant before searching a person or his property. The new rationale would also seem to justify a search of the trunk, as well as the passenger compartment and containers within. In Arizona v. Gant, the Supreme court placed limitations on which of the following? Belton specifically recognized that it was "essential" to provide officers in the field with a "single familiar standard" for determining when the search of a car is authorized incident to an arrest. On August 25, 1999, two Tucson, Arizona, police officers responded to a report of possible drug activity at a residence. Contrary to the State’s suggestion, a broad reading of Belton is also unnecessary to protect law enforcementsafety and evidentiary interests.

Gant moved to suppress the evidence seized from his car, arguing that the search and seizure violated his rights under the Fourth Amendment. Maryland v. Buie, 494 U. S. 325, 334 (1990) (holding that, incident to arrest, an officer may conduct a limited protective sweep of those areas of a house in which he reasonably suspects a dangerous person may be hiding). J.A. Justice Stevens would therefore retain the application of Chimel v. California, 395 U. S. 752 (1969), in the car-search context but would apply in the future what he believes our cases held in the past: that officers making a roadside stop may search the vehicle so long as the “arrestee is within reaching distance of the passenger compartment at the time of the search.” Ante, at 18. A jury found Gant guilty on both drug counts, and he was sentenced to a 3-year term of imprisonment.

at 622. So does Justice Scalia’s opinion in the present case. Robbins, 453 U.S. at 431 (Pow ell, J., concurring in judgment). Countless individuals guilty of nothing more serious than a traffic violation have had their constitutional right to the security of their private effects violated as a result. 153. Respondent moved to suppress the evidence found in his vehicle, but the Arizona Superior Court de nied his pretrial motion. In Belton, an officer on the New York Thruway removed the occupants from a car and placed them under arrest but did not handcuff them. "Within min utes" of making contact with respondent, the officers had arrested him, handcuffed him, and placed him in the patrol car, and the search began immediately thereafter.

In particular, amicus American Civil Liberties Union sees potential for widespread deprivations of drivers’ constitutional rights if police may search a vehicle simply because an arrestee was a recent occupant at the time of arrest. Bad reasoning.

This Court has thus long held that a search incident to arrest is per se reasonable regardless of whether the circum stances of the particular case involve one of the twin rationales for such a search. 2000) (Belton does not apply where individual was arrested 300 feet from vehicle). At least four officers were present, the area was secure, and two people previously arrested at the house were already handcuffed and locked in the backs of patrol cars. "[T]o establish the workable rule [that] this category of cases requires," the Court adopted "the generalization that articles inside the relatively narrow compass of the passenger compartment of an automobile are in fact generally, even if not inevitably, within 'the area into which an arrestee might reach in order to grab a weapon or evidentiary ite[m].'"

2 See, e.g., Mason v. United States, 120 Fed.
Belton, 453 U.S. at 460. Ibid.

J.A. J.A. This Court accordingly vacated the judgment of the Arizona Court of Appeals in this case and remanded for reconsideration in light of Dean. (search occurring around ten minutes after arrest was sufficiently contemporaneous), cert.

Brief in No. Does the Fourth Amendment require law enforce ment officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of ar rest in order to justify a warrantless vehicular search in cident to arrest conducted after the vehicle's recent oc cupants have been arrested and secured? Pp. See 395 U. S., at 759–760.

Gant does not dispute that police officers have the right to perform warrantless vehicular searches incident to a lawful arrest under Belton. I also agree with Justice Stevens, however, that the rule can produce results divorced from its underlying Fourth Amendment rationale. 165-166. 1.

Since the suspect is not being arrested, he is not likely to be moved a significant distance from the vehicle. It would also effectively render Belton superfluous because the automobile exception to the warrant requirement already authorizes vehicle search es based on probable cause. They believe that a court should always decide only enough to resolve the case before them. This case is also distinguishable from Thornton, in which the petitioner was arrested for a drug offense. Respondent again appealed to the Arizona Court of Appeals, which reversed in a divided opinion.

at 459. Ibid. 2d 160, 169 (1986) (holding invalid a search that continued after the arrestee was removed from the scene). Respondent in this case has not asked us to overrule Belton, much less Chimel. The dissenting justices would have upheld the search of Gant’s car based on their view that “the validity of a Belton search … clearly does not depend on the presence of the Chimel rationales in a particular case.” Id., at 8, 162 P. 3d, at 647.

Cf.

The safety and evidentiary justifications underlying Chimel’s reaching-distance rule determine Belton’s scope. Pp. Police arrested Rodney Gant for driving with a suspended license. Robbins, 453 U.S. at 431. The officers left. (suspect handcuffed in backseat of squad car escaped from squad car and later confronted police), cert.

a. aggressive law enforcement ... A law enforcement philosophy that focuses on addressing the problems underlying incidents of juvenile delinquency rather than the incidents themselves is called _____.
at 455-456. 2004) (applying Belton when. The fact that the law enforcement community may view the State’s version of the Belton rule as an entitlement does not establish the sort of reliance interest that could outweigh the countervailing interest that all individuals share in having their constitutional rights fully protected. 453 U. S., at 460.

2d 121, 123 (Fla. Dist. The doctrine of stare decisis does not require us to approve routine constitutional violations. The Arizona Supreme Court incorrectly abandoned Belton's bright-line rule and replaced it with an ad hoc test that will require case-by-case adjudication. J.A. Assume, for example, that two police officers pull over a vehicle and arrest the driver. They thus “add[ed their] voice[s] to the others that have urged the Supreme Court to revisit Belton.” Id., at 11, 163 P. 3d, at 650.

See ibid. (noting that searches incident to arrest are reasonable “in order to remove any weapons [the arrestee] might seek touse” and “in order to prevent [the] concealment or destruction” of evidence (emphasis added)). Gant clearly could not have accessed his car at the time of the search. In light of the Court’s reluctance to inquire into police motives in Whren, it is possible that the Court is willing to re-examine its concern about pretext inventory searches.

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